System and Method for Stabilizing Footwear

ABSTRACT

A footwear stabilizing system is provided. The system comprises an upper and a sole attached to the upper. The sole comprises an outsole comprising an inner surface formed in a biomechanically correct shape and an insert attached to the outsole, the insert comprising at least one of single piece of material and a fluid-filled bag. The insert is configured to conform to and stabilize a human foot upon impact. The outsole is configured to match a common curvature of a heel and arch of the foot. The insert is constructed of and/or contains non-Newtonian material. The outsole is configured with a shaped heel cup configured to absorb impact across entire heel. The outsole works in conjunction with the insert to provide foot stabilization and arch support. The insert reacts at each step to foot shape and provides support upon impact.

CROSS-REFERENCE TO RELATED APPLICATIONS

Not applicable.

RELATED CO-PENDING U.S. PATENT APPLICATIONS

Not applicable.

INCORPORATION BY REFERENCE OF SEQUENCE LISTING PROVIDED AS A TEXT FILE

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FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT

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REFERENCE TO SEQUENCE LISTING, A TABLE, OR A COMPUTER LISTING APPENDIX

Not applicable.

COPYRIGHT NOTICE

A portion of the disclosure of this patent document contains materialthat is subject to copyright protection by the author thereof. Thecopyright owner has no objection to the facsimile reproduction by anyoneof the patent document or patent disclosure for the purposes ofreferencing as patent prior art, as it appears in the Patent andTrademark Office, patent file or records, but otherwise reserves allcopyright rights whatsoever.

BACKGROUND OF THE RELEVANT PRIOR ART

One or more embodiments of the invention generally relate to footwear.More particularly, certain embodiments of the invention relates to asystem for absorbing impact energy and stabilizing joint biomechanics infootwear.

The following background information may present examples of specificaspects of the prior art (e.g., without limitation, approaches, facts,or common wisdom) that, while expected to be helpful to further educatethe reader as to additional aspects of the prior art, is not to beconstrued as limiting the present invention, or any embodiments thereof,to anything stated or implied therein or inferred thereupon. Foot impactrelated activities such as running and walking may cause stress to thejoints of the lower body particularly in the feet and ankles. Forexample, it is believed that running on concrete may send high amountsof shock energy into the body through the feet, and this energy may notbe absorbed by many currently available types and models of footwear Alarge number of people may over pronate when walking or running. Overpronation occurs when the arch of the foot flattens too much upon theimpact of each step, which typically causes the ankle to roll inward.Over pronation may result in the misalignment of the entire jointssystem and inferior biomechanical function, which may lead to jointsoreness, susceptibility to injuries, and early arthritis due to unevenfriction and/or bearing of weight on the joint cartilage surface.Moreover, the heel of the foot is typically cup shaped and often absorbsmost of the shock of impact directly at the bottom of the heel, whichmay put strain on surrounded ligaments and soft tissue. During extremeor heavy repetitive impact, these ligaments and soft tissue may beinjured. Most conventional footwear is constructed with substantiallyflat midsoles and/or outsoles to accommodate feet of different shapes.Flat footwear may not properly support the heel or arch of the foot. Forthe majority of people, the foot is not flat and injury due to impactrelated sports as well as injuries due to overuse and stress may becomeproblematic for both athletes and non-athletes. For example, athletesmay often suffer from heel bruises or ligament tearing caused by thecurved heel of the foot striking down too hard on flat surfaces such asthe flat midsole in their footwear.

Persons may attempt to add support to footwear by replacing the insolesor inserting additional insoles on top of the original insoles. Mostover the counter insoles and orthotics have a generic prefabricated archsupport which may not conform to the shape of a particular user's foot.Due to space limitations inside footwear, added insoles may not be thickenough to create the full desired support and comfort effect. Somepeople may obtain custom insoles or orthotics formed to fit their feetspecifically. Custom insoles and orthotics may be expensive andtypically must be obtained separately from the footwear as aftermarketfootwear inserts.

In view of the foregoing, it is clear that traditional systems andmethods leave room for more optimal approaches.

BRIEF DESCRIPTION OF THE DRAWINGS

The present invention is illustrated by way of example, and not by wayof limitation, in the figures of the accompanying drawings and in whichlike reference numerals refer to similar elements and in which:

FIGS. 1A through 1C illustrate an exemplary outsole for a system forabsorbing impact energy and stabilizing joint biomechanics in footwear,in accordance with an embodiment of the present invention. FIG. 1A is adiagrammatic top view. FIG. 1B is a diagrammatic bottom view, and FIG.1C is a perspective front view; and

FIGS. 2A and 2B illustrate an exemplary system for absorbing impactenergy and stabilizing joint biomechanics in footwear, in accordancewith an embodiment of the present invention. FIG. 2A is a crosssectional side view of the stabilizing system, and FIG. 2B is a crosssectional side view of the stabilizing system in use.

Unless otherwise indicated illustrations in the figures are notnecessarily drawn to scale.

DETAILED DESCRIPTION OF SOME EMBODIMENTS

The present invention is best understood by reference to the detailedfigures and description set forth herein.

Embodiments of the invention are discussed below with reference to theFigures. However, those skilled in the art will readily appreciate thatthe detailed description given herein with respect to these figures isfor explanatory purposes as the invention extends beyond these limitedembodiments. For example, it should be appreciated that those skilled inthe art will, in light of the teachings of the present invention,recognize a multiplicity of alternate and suitable approaches, dependingupon the needs of the particular application, to implement thefunctionality of any given detail described herein, beyond theparticular implementation choices in the following embodiments describedand shown. That is, there are modifications and variations of theinvention that are too numerous to be listed but that all fit within thescope of the invention. Also, singular words should be read as pluraland vice versa and masculine as feminine and vice versa, whereappropriate, and alternative embodiments do not necessarily imply thatthe two are mutually exclusive.

It is to be further understood that the present invention is not limitedto the particular methodology, compounds, materials, manufacturingtechniques, uses, and applications, described herein, as these may vary.It is also to be understood that the terminology used herein is used forthe purpose of describing particular embodiments only, and is notintended to limit the scope of the present invention. It must be notedthat as used herein and in the appended claims, the singular forms “a,”“an,” and “the” include the plural reference unless the context clearlydictates otherwise. Thus, for example, a reference to “an element” is areference to one or more elements and includes equivalents thereof knownto those skilled in the art. Similarly, for another example, a referenceto “a step” or “a means” is a reference to one or more steps or meansand may include sub-steps and subservient means. All conjunctions usedare to be understood in the most inclusive sense possible. Thus, theword “or” should be understood as having the definition of a logical“or” rather than that of a logical “exclusive or” unless the contextclearly necessitates otherwise. Structures described herein are to beunderstood also to refer to functional equivalents of such structures.Language that may be construed to express approximation should be sounderstood unless the context clearly dictates otherwise.

All words of approximation as used in the present disclosure and claimsshould be construed to mean “approximate,” rather than “perfect,” andmay accordingly be employed as a meaningful modifier to any other word,specified parameter, quantity, quality, or concept. Words ofapproximation, include, yet are not limited to terms such as“substantial”, “nearly”, “almost”, “about”, “generally”, “largely”,“essentially”, “closely approximate”, etc.

As will be established in some detail below, it is well settle law, asearly as 1939, that words of approximation are not indefinite in theclaims even when such limits are not defined or specified in thespecification.

For example, see Ex parte Mallory, 52 USPQ 297, 297 (Pat. Off. Bd. App.1941) where the court said “The examiner has held that most of theclaims are inaccurate because apparently the laminar film will not beentirely eliminated. The claims specify that the film is “substantially”eliminated and for the intended purpose, it is believed that the slightportion of the film which may remain is negligible. We are of the view,therefore, that the claims may be regarded as sufficiently accurate.”

Note that claims need only “reasonably apprise those skilled in the art”as to their scope to satisfy the definiteness requirement. See EnergyAbsorption Sys., Inc. v. Roadway Safety Servs., Inc., Civ. App. 96-1264,slip op. at 10 (Fed. Cir. Jul. 3, 1997) (unpublished) Hybridtech v.Monoclonal Antibodies, Inc., 802 F.2d 1367, 1385, 231 USPQ 81, 94 (Fed.Cir. 1986), cert. denied, 480 U.S. 947 (1987). In addition, the use ofmodifiers in the claim, like “generally” and “substantial,” does not byitself render the claims indefinite. See Seattle Box Co. v. IndustrialCrating & Packing, Inc., 731 F.2d 818, 828-29, 221 USPQ 568, 575-76(Fed. Cir. 1984).

Moreover, the ordinary and customary meaning of terms like“substantially” includes “reasonably close to: nearly, almost, about”,connoting a term of approximation. See In re Frye, Appeal No.2009-006013, 94 USPQ2d 1072, 1077, 2010 WL 889747 (B.P.A.I. 2010)Depending on its usage, the word “substantially” can denote eitherlanguage of approximation or language of magnitude. Deering PrecisionInstruments, L.L.C. v. Vector Distribution Sys., Inc., 347 F.3d 1314,1323 (Fed. Cir. 2003) (recognizing the “dual ordinary meaning of th[e]term [“substantially”] as connoting a term of approximation or a term ofmagnitude”). Here, when referring to the “substantially halfway”limitation, the Specification uses the word “approximately” as asubstitute for the word “substantially” (Fact 4). (Fact 4). The ordinarymeaning of “substantially halfway” is thus reasonably close to or nearlyat the midpoint between the forwardmost point of the upper or outsoleand the rearwardmost point of the upper or outsole.

Similarly, the term ‘substantially’ is well recognized in case law tohave the dual ordinary meaning of connoting a term of approximation or aterm of magnitude. See Dana Corp. v. American Axle & Manufacturing,Inc., Civ. App. 04-1116, 2004 U.S. App. LEXIS 18265, *13-14 (Fed. Cir.Aug. 27, 2004) (unpublished). The term “substantially” is commonly usedby claim drafters to indicate approximation. See Cordis Corp. v.Medtronic AVE Inc., 339 F.3d 1352, 1360 (Fed. Cir. 2003) (“The patentsdo not set out any numerical standard by which to determine whether thethickness of the wall surface is ‘substantially uniform.’ The term‘substantially,’ as used in this context, denotes approximation. Thus,the walls must be of largely or approximately uniform thickness.”); seealso Deering Precision Instruments, LLC v. Vector Distribution Sys.,Inc., 347 F.3d 1314, 1322 (Fed. Cir. 2003); Epcon Gas Sys., Inc. v.Bauer Compressors, Inc., 279 F.3d 1022, 1031 (Fed. Cir. 2002). We findthat the term “substantially” was used in just such a manner in theclaims of the patents-in-suit: “substantially uniform wall thickness”denotes a wall thickness with approximate uniformity.

It should also be noted that such words of approximation as contemplatedin the foregoing clearly limits the scope of claims such as saying‘generally parallel’ such that the adverb ‘generally’ does not broadenthe meaning of parallel. Accordingly, it is well settled that such wordsof approximation as contemplated in the foregoing (e.g., like the phrase‘generally parallel’) envisions some amount of deviation from perfection(e.g., not exactly parallel), and that such words of approximation ascontemplated in the foregoing are descriptive terms commonly used inpatent claims to avoid a strict numerical boundary to the specifiedparameter. To the extent that the plain language of the claims relyingon such words of approximation as contemplated in the foregoing areclear and uncontradicted by anything in the written description hereinor the figures thereof, it is improper to rely upon the present writtendescription, the figures, or the prosecution history to add limitationsto any of the claim of the present invention with respect to such wordsof approximation as contemplated in the foregoing. That is, under suchcircumstances, relying on the written description and prosecutionhistory to reject the ordinary and customary meanings of the wordsthemselves is impermissible. See, for example, Liquid Dynamics Corp. v.Vaughan Co., 355 F.3d 1361, 69 USPQ2d 1595, 1600-01 (Fed. Cir. 2004).The plain language of phrase 2 requires a “substantial helical flow.”The term “substantial” is a meaningful modifier implying “approximate,”rather than “perfect.” In Cordis Corp. v. Medtronic AVE, Inc., 339 F.3d1352, 1361 (Fed. Cir. 2003), the district court imposed a precisenumeric constraint on the term “substantially uniform thickness.” Wenoted that the proper interpretation of this term was “of largely orapproximately uniform thickness” unless something in the prosecutionhistory imposed the “clear and unmistakable disclaimer” needed fornarrowing beyond this simple-language interpretation. Id. In Anchor WallSystems v. Rockwood Retaining Walls, Inc., 340 F.3d 1298, 1311 (Fed.Cir. 2003)” Id. at 1311. Similarly, the plain language of Claim 1requires neither a perfectly helical flow nor a flow that returnsprecisely to the center after one rotation (a limitation that arisesonly as a logical consequence of requiring a perfectly helical flow).

The reader should appreciate that case law generally recognizes a dualordinary meaning of such words of approximation, as contemplated in theforegoing, as connoting a term of approximation or a term of magnitude;e.g., see Deering Precision Instruments, L.L.C. v. Vector Distrib. Sys.,Inc., 347 F.3d 1314, 68 USPQ2d 1716, 1721 (Fed. Cir. 2003), cert.denied, 124 S. Ct. 1426 (2004) where the court was asked to construe themeaning of the term “substantially” in a patent claim. Also see Epcon,279 F.3d at 1031 (“The phrase ‘substantially constant’ denotes languageof approximation, while the phrase ‘substantially below’ signifieslanguage of magnitude, i.e., not insubstantial.”). Also, see, e.g.,Epcon Gas Sys., Inc. v. Bauer Compressors, Inc., 279 F.3d 1022 (Fed.Cir. 2002) (construing the terms “substantially constant” and“substantially below”); Zodiac Pool Care, Inc. v. Hoffinger Indus.,Inc., 206 F.3d 1408 (Fed. Cir. 2000) (construing the term “substantiallyinward”); York Prods., Inc. v. Cent. Tractor Farm & Family Ctr., 99 F.3d1568 (Fed. Cir. 1996) (construing the term “substantially the entireheight thereof”); Tex. Instruments Inc. v. Cypress Semiconductor Corp.,90 F.3d 1558 (Fed. Cir. 1996) (construing the term “substantially in thecommon plane”). In conducting their analysis, the court instructed tobegin with the ordinary meaning of the claim terms to one of ordinaryskill in the art. Prima Tek, 318 F.3d at 1148. Reference to dictionariesand our cases indicates that the term “substantially” has numerousordinary meanings. As the district court stated, “substantially” canmean “significantly” or “considerably.” The term “substantially” canalso mean “largely” or “essentially.” Webster's New 20th CenturyDictionary 1817 (1983).

Words of approximation, as contemplated in the foregoing, may also beused in phrases establishing approximate ranges or limits, where the endpoints are inclusive and approximate, not perfect; e.g., see AK SteelCorp. v. Sollac, 344 F.3d 1234, 68 USPQ2d 1280, 1285 (Fed. Cir. 2003)where it where the court said [W]e conclude that the ordinary meaning ofthe phrase “up to about 10%” includes the “about 10%” endpoint. Aspointed out by AK Steel, when an object of the preposition “up to” isnonnumeric, the most natural meaning is to exclude the object (e.g.,painting the wall up to the door). On the other hand, as pointed out bySollac, when the object is a numerical limit, the normal meaning is toinclude that upper numerical limit (e.g., counting up to ten, seatingcapacity for up to seven passengers). Because we have here a numericallimit—“about 10%”—the ordinary meaning is that that endpoint isincluded.

In the present specification and claims, a goal of employment of suchwords of approximation, as contemplated in the foregoing, is to avoid astrict numerical boundary to the modified specified parameter, assanctioned by Pall Corp. v. Micron Separations, Inc., 66 F.3d 1211,1217, 36 USPQ2d 1225, 1229 (Fed. Cir. 1995) where it states “It is wellestablished that when the term “substantially” serves reasonably todescribe the subject matter so that its scope would be understood bypersons in the field of the invention, and to distinguish the claimedsubject matter from the prior art, it is not indefinite.” Likewise seeVerve LLC v. Crane Cams Inc., 311 F.3d 1116, 65 USPQ2d 1051, 1054 (Fed.Cir. 2002). Expressions such as “substantially” are used in patentdocuments when warranted by the nature of the invention, in order toaccommodate the minor variations that may be appropriate to secure theinvention. Such usage may well satisfy the charge to “particularly pointout and distinctly claim” the invention, 35 U.S.C. § 112, and indeed maybe necessary in order to provide the inventor with the benefit of hisinvention. In Andrew Corp. v. Gabriel Elecs. Inc., 847 F.2d 819, 821-22,6 USPQ2d 2010, 2013 (Fed. Cir. 1988) the court explained that usagessuch as “substantially equal” and “closely approximate” may serve todescribe the invention with precision appropriate to the technology andwithout intruding on the prior art. The court again explained in EcolabInc. v. Envirochem, Inc., 264 F.3d 1358, 1367, 60 USPQ2d 1173, 1179(Fed. Cir. 2001) that “like the term ‘about,’ the term ‘substantially’is a descriptive term commonly used in patent claims to avoid a strictnumerical boundary to the specified parameter,” see Ecolab Inc. v.Envirochem Inc., 264 F.3d 1358, 60 USPQ2d 1173, 1179 (Fed. Cir. 2001)where the court found that the use of the term “substantially” to modifythe term “uniform” does not render this phrase so unclear such thatthere is no means by which to ascertain the claim scope.

Similarly, other courts have noted that like the term “about,” the term“substantially” is a descriptive term commonly used in patent claims to“avoid a strict numerical boundary to the specified parameter.”; e.g.,see Pall Corp. v. Micron Seps., 66 F.3d 1211, 1217, 36 USPQ2d 1225, 1229(Fed. Cir. 1995); see, e.g., Andrew Corp. v. Gabriel Elecs. Inc., 847F.2d 819, 821-22, 6 USPQ2d 2010, 2013 (Fed. Cir. 1988) (noting thatterms such as “approach each other,” “close to,” “substantially equal,”and “closely approximate” are ubiquitously used in patent claims andthat such usages, when serving reasonably to describe the claimedsubject matter to those of skill in the field of the invention, and todistinguish the claimed subject matter from the prior art, have beenaccepted in patent examination and upheld by the courts). In this case,“substantially” avoids the strict 100% nonuniformity boundary.

Indeed, the foregoing sanctioning of such words of approximation, ascontemplated in the foregoing, has been established as early as 1939,see Ex parte Mallory, 52 USPQ 297, 297 (Pat. Off. Bd. App. 1941) where,for example, the court said “the claims specify that the film is“substantially” eliminated and for the intended purpose, it is believedthat the slight portion of the film which may remain is negligible. Weare of the view, therefore, that the claims may be regarded assufficiently accurate.” Similarly, In re Hutchison, 104 F.2d 829, 42USPQ 90, 93 (C.C.P.A. 1939) the court said “It is realized that“substantial distance” is a relative and somewhat indefinite term, orphrase, but terms and phrases of this character are not uncommon inpatents in cases where, according to the art involved, the meaning canbe determined with reasonable clearness.”

Hence, for at least the forgoing reason, Applicants submit that it isimproper for any examiner to hold as indefinite any claims of thepresent patent that employ any words of approximation.

Unless defined otherwise, all technical and scientific terms used hereinhave the same meanings as commonly understood by one of ordinary skillin the art to which this invention belongs. Preferred methods,techniques, devices, and materials are described, although any methods,techniques, devices, or materials similar or equivalent to thosedescribed herein may be used in the practice or testing of the presentinvention. Structures described herein are to be understood also torefer to functional equivalents of such structures. The presentinvention will be described in detail below with reference toembodiments thereof as illustrated in the accompanying drawings.

References to a “device,” an “apparatus,” a “system,” etc., in thepreamble of a claim should be construed broadly to mean “any structuremeeting the claim terms” exempt for any specific structure(s)/type(s)that has/(have) been explicitly disavowed or excluded oradmitted/implied as prior art in the present specification or incapableof enabling an object/aspect/goal of the invention. Furthermore, wherethe present specification discloses an object, aspect, function, goal,result, or advantage of the invention that a specific prior artstructure and/or method step is similarly capable of performing yet in avery different way, the present invention disclosure is intended to andshall also implicitly include and cover additional correspondingalternative embodiments that are otherwise identical to that explicitlydisclosed except that they exclude such prior art structure(s)/step(s),and shall accordingly be deemed as providing sufficient disclosure tosupport a corresponding negative limitation in a claim claiming suchalternative embodiment(s), which exclude such very different prior artstructure(s)/step(s) way(s).

From reading the present disclosure, other variations and modificationswill be apparent to persons skilled in the art. Such variations andmodifications may involve equivalent and other features which arealready known in the art, and which may be used instead of or inaddition to features already described herein.

Although Claims have been formulated in this Application to particularcombinations of features, it should be understood that the scope of thedisclosure of the present invention also includes any novel feature orany novel combination of features disclosed herein either explicitly orimplicitly or any generalization thereof, whether or not it relates tothe same invention as presently claimed in any Claim and whether or notit mitigates any or all of the same technical problems as does thepresent invention.

Features which are described in the context of separate embodiments mayalso be provided in combination in a single embodiment. Conversely,various features which are, for brevity, described in the context of asingle embodiment, may also be provided separately or in any suitablesubcombination. The Applicants hereby give notice that new Claims may beformulated to such features and/or combinations of such features duringthe prosecution of the present Application or of any further Applicationderived therefrom.

References to “one embodiment,” “an embodiment,” “example embodiment,”“various embodiments,” “some embodiments,” “embodiments of theinvention,” etc., may indicate that the embodiment(s) of the inventionso described may include a particular feature, structure, orcharacteristic, but not every possible embodiment of the inventionnecessarily includes the particular feature, structure, orcharacteristic. Further, repeated use of the phrase “in one embodiment,”or “in an exemplary embodiment,” “an embodiment,” do not necessarilyrefer to the same embodiment, although they may. Moreover, any use ofphrases like “embodiments” in connection with “the invention” are nevermeant to characterize that all embodiments of the invention must includethe particular feature, structure, or characteristic, and should insteadbe understood to mean “at least some embodiments of the invention”includes the stated particular feature, structure, or characteristic.

References to “user”, or any similar term, as used herein, may mean ahuman or non-human user thereof. Moreover, “user”, or any similar term,as used herein, unless expressly stipulated otherwise, is contemplatedto mean users at any stage of the usage process, to include, withoutlimitation, direct user(s), intermediate user(s), indirect user(s), andend user(s). The meaning of “user”, or any similar term, as used herein,should not be otherwise inferred or induced by any pattern(s) ofdescription, embodiments, examples, or referenced prior-art that may (ormay not) be provided in the present patent.

References to “end user”, or any similar term, as used herein, aregenerally intended to mean late stage user(s) as opposed to early stageuser(s). Hence, it is contemplated that there may be a multiplicity ofdifferent types of “end user” near the end stage of the usage process.Where applicable, especially with respect to distribution channels ofembodiments of the invention comprising consumed retailproducts/services thereof (as opposed to sellers/vendors or OriginalEquipment Manufacturers), examples of an “end user” may include, withoutlimitation, a “consumer”, “buyer”, “customer”, “purchaser”, “shopper”,“enjoyer”, “viewer”, or individual person or non-human thing benefitingin any way, directly or indirectly, from use of, or interaction with,some aspect of the present invention.

In some situations, some embodiments of the present invention mayprovide beneficial usage to more than one stage or type of usage in theforegoing usage process. In such cases where multiple embodimentstargeting various stages of the usage process are described, referencesto “end user”, or any similar term, as used therein, are generallyintended to not include the user that is the furthest removed, in theforegoing usage process, from the final user therein of an embodiment ofthe present invention.

Where applicable, especially with respect to retail distributionchannels of embodiments of the invention, intermediate user(s) mayinclude, without limitation, any individual person or non-human thingbenefiting in any way, directly or indirectly, from use of, orinteraction with, some aspect of the present invention with respect toselling, vending, Original Equipment Manufacturing, marketing,merchandising, distributing, service providing, and the like thereof.

References to “person”, “individual”, “human”, “a party”, “animal”,“creature”, or any similar term, as used herein, even if the context orparticular embodiment implies living user, maker, or participant, itshould be understood that such characterizations are sole by way ofexample, and not limitation, in that it is contemplated that any suchusage, making, or participation by a living entity in connection withmaking, using, and/or participating, in any way, with embodiments of thepresent invention may be substituted by such similar performed by asuitably configured non-living entity, to include, without limitation,automated machines, robots, humanoids, computational systems,information processing systems, artificially intelligent systems, andthe like. It is further contemplated that those skilled in the art willreadily recognize the practical situations where such living makers,users, and/or participants with embodiments of the present invention maybe in whole, or in part, replaced with such non-living makers, users,and/or participants with embodiments of the present invention. Likewise,when those skilled in the art identify such practical situations wheresuch living makers, users, and/or participants with embodiments of thepresent invention may be in whole, or in part, replaced with suchnon-living makers, it will be readily apparent in light of the teachingsof the present invention how to adapt the described embodiments to besuitable for such non-living makers, users, and/or participants withembodiments of the present invention. Thus, the invention is thus toalso cover all such modifications, equivalents, and alternatives fallingwithin the spirit and scope of such adaptations and modifications, atleast in part, for such non-living entities.

Headings provided herein are for convenience and are not to be taken aslimiting the disclosure in any way.

The enumerated listing of items does not imply that any or all of theitems are mutually exclusive, unless expressly specified otherwise.

It is understood that the use of specific component, device and/orparameter names are for example only and not meant to imply anylimitations on the invention. The invention may thus be implemented withdifferent nomenclature/terminology utilized to describe themechanisms/units/structures/components/devices/parameters herein,without limitation. Each term utilized herein is to be given itsbroadest interpretation given the context in which that term isutilized.

Terminology

The following paragraphs provide definitions and/or context for termsfound in this disclosure (including the appended claims):

“Comprising.” This term is open-ended. As used in the appended claims,this term does not foreclose additional structure or steps. Consider aclaim that recites: “A memory controller comprising a system cache . . .” Such a claim does not foreclose the memory controller from includingadditional components (e.g., a memory channel unit, a switch).

“Configured To.” Various units, circuits, or other components may bedescribed or claimed as “configured to” perform a task or tasks. In suchcontexts, “configured to” or “operable for” is used to connote structureby indicating that the mechanisms/units/circuits/components includestructure (e.g., circuitry and/or mechanisms) that performs the task ortasks during operation. As such, the mechanisms/unit/circuit/componentcan be said to be configured to (or be operable) for perform(ing) thetask even when the specified mechanisms/unit/circuit/component is notcurrently operational (e.g., is not on). Themechanisms/units/circuits/components used with the “configured to” or“operable for” language include hardware—for example, mechanisms,structures, electronics, circuits, memory storing program instructionsexecutable to implement the operation, etc. Reciting that amechanism/unit/circuit/component is “configured to” or “operable for”perform(ing) one or more tasks is expressly intended not to invoke 35U.S.C. sctn. 112, sixth paragraph, for thatmechanism/unit/circuit/component. “Configured to” may also includeadapting a manufacturing process to fabricate devices or components thatare adapted to implement or perform one or more tasks.

“Based On.” As used herein, this term is used to describe one or morefactors that affect a determination. This term does not forecloseadditional factors that may affect a determination. That is, adetermination may be solely based on those factors or based, at least inpart, on those factors. Consider the phrase “determine A based on B.”While B may be a factor that affects the determination of A, such aphrase does not foreclose the determination of A from also being basedon C. In other instances, A may be determined based solely on B.

The terms “a”, “an” and “the” mean “one or more”, unless expresslyspecified otherwise.

Unless otherwise indicated, all numbers expressing conditions,concentrations, dimensions, and so forth used in the specification andclaims are to be understood as being modified in all instances by theterm “about.” Accordingly, unless indicated to the contrary, thenumerical parameters set forth in the following specification andattached claims are approximations that may vary depending at least upona specific analytical technique.

The term “comprising,” which is synonymous with “including,”“containing,” or “characterized by” is inclusive or open-ended and doesnot exclude additional, unrecited elements or method steps. “Comprising”is a term of art used in claim language which means that the named claimelements are essential, but other claim elements may be added and stillform a construct within the scope of the claim.

As used herein, the phase “consisting of” excludes any element, step, oringredient not specified in the claim. When the phrase “consists of” (orvariations thereof) appears in a clause of the body of a claim, ratherthan immediately following the preamble, it limits only the element setforth in that clause; other elements are not excluded from the claim asa whole. As used herein, the phase “consisting essentially of” and“consisting of” limits the scope of a claim to the specified elements ormethod steps, plus those that do not materially affect the basis andnovel characteristic(s) of the claimed subject matter (see Norian Corp.v Stryker Corp., 363 F.3d 1321, 1331-32, 70 USPQ2d 1508, Fed. Cir.2004). Moreover, for any claim of the present invention which claims anembodiment “consisting essentially of” or “consisting of” a certain setof elements of any herein described embodiment it shall be understood asobvious by those skilled in the art that the present invention alsocovers all possible varying scope variants of any describedembodiment(s) that are each exclusively (i.e., “consisting essentiallyof”) functional subsets or functional combination thereof such that eachof these plurality of exclusive varying scope variants each consistsessentially of any functional subset(s) and/or functional combination(s)of any set of elements of any described embodiment(s) to the exclusionof any others not set forth therein. That is, it is contemplated that itwill be obvious to those skilled how to create a multiplicity ofalternate embodiments of the present invention that simply consistingessentially of a certain functional combination of elements of anydescribed embodiment(s) to the exclusion of any others not set forththerein, and the invention thus covers all such exclusive embodiments asif they were each described herein.

With respect to the terms “comprising,” “consisting of” and “consistingessentially of” where one of these three terms is used herein, thepresently disclosed and claimed subject matter may include the use ofeither of the other two terms. Thus in some embodiments not otherwiseexplicitly recited, any instance of “comprising” may be replaced by“consisting of” or, alternatively, by “consisting essentially of”, andthus, for the purposes of claim support and construction for “consistingof” format claims, such replacements operate to create yet otheralternative embodiments “consisting essentially of” only the elementsrecited in the original “comprising” embodiment to the exclusion of allother elements.

Devices or system modules that are in at least general communicationwith each other need not be in continuous communication with each other,unless expressly specified otherwise. In addition, devices or systemmodules that are in at least general communication with each other maycommunicate directly or indirectly through one or more intermediaries.

A description of an embodiment with several components in communicationwith each other does not imply that all such components are required. Onthe contrary a variety of optional components are described toillustrate the wide variety of possible embodiments of the presentinvention.

As is well known to those skilled in the art many careful considerationsand compromises typically must be made when designing for the optimalmanufacture of a commercial implementation any system, and inparticular, the embodiments of the present invention. A commercialimplementation in accordance with the spirit and teachings of thepresent invention may configured according to the needs of theparticular application, whereby any aspect(s), feature(s), function(s),result(s), component(s), approach(es), or step(s) of the teachingsrelated to any described embodiment of the present invention may besuitably omitted, included, adapted, mixed and matched, or improvedand/or optimized by those skilled in the art, using their average skillsand known techniques, to achieve the desired implementation thataddresses the needs of the particular application.

It is to be understood that any exact measurements/dimensions orparticular construction materials indicated herein are solely providedas examples of suitable configurations and are not intended to belimiting in any way. Depending on the needs of the particularapplication, those skilled in the art will readily recognize, in lightof the following teachings, a multiplicity of suitable alternativeimplementation details.

An embodiment of the present invention may provide a system forabsorbing impact energy and stabilizing joint biomechanics in footwear.Some embodiments may use non-Newtonian fluid or rate sensitive materialin conjunction with a biomechanically correct orthotic molded footwearoutsole to help prevent over pronation, stabilize arch and jointfunction, and provide biomechanically correct heel support. Someembodiments may comprise a single piece of heat- or injection-moldedshear thickening material or a fluid filled bag built into a midsole oroutsole. Such material or bag may react to each step and custom shape ofthe foot upon impact, providing support at the time of impact. While inmany embodiments provided herein the footwear may be shoes, in someembodiments footwear may be boots, clogs, sandals, and leisure footwearsuch as flip flops. Footwear may be specific to an activity or sport andmay comprise ski boots, ice skates, roller skates, inline skates, balletfootwear, baseball, football, and soccer shoes with our without cleats,and rubber soled shoes including sneakers, walking shoes, basketballshoes, running shoes, and tennis shoes.

FIGS. 1A through 1C illustrate an exemplary outsole 100 for a system forabsorbing impact energy and stabilizing joint biomechanics in footwear,in accordance with an embodiment of the present invention. FIG. 1A is adiagrammatic top view. FIG. 1B is a diagrammatic bottom view, and FIG.1C is a perspective front view. In the present embodiment, referring toFIGS. 1A and 1C, the inner side of outsole 100, which faces the foot,may be formed into a biomechanically correct shape to match the commoncurvature of a heel and arch. The biomechanically correct shapecomprises an arch support 105 that may be lower than typical archpronation as to typically not interfere with the foot's naturalpronation function. Arch support 105 may act as a guide to help preventextreme over pronation and may also guide an insert that may be placedwithin outsole 100, similar to the insert illustrated by way of examplein FIG. 2. Outsole 100 also comprises a hollow heel cup 110, which mayhelp guide proper biomechanical function and may enable the heel of thefoot to rest and take impact in its natural cupped shape The cup 110provides full stabilization of the heel along with absorption of impactacross the entire heel surface rather than just the bottom. while Suchstabilization and impact absorption occurs while the cup 110 cradles theheel in a manner that supports the ligaments, joints and muscles.Referring to FIG. 1B, the bottom of outsole 100 may have a flat surface.It is contemplated that outsoles 100 in some alternate embodiments mayhave differently shaped bottom surfaces. Such bottom surfaces maycomprise contoured surfaces, lugged surfaces for grip, surfaces withembedded spikes or cleats or receptacles for detachable spikes orcleats, surfaces that may clip into bicycle pedals, and surfaces withstacked or high heels. Furthermore, the contour of the inner side orsurface of the outsole 100 may vary in some alternate embodiments. Forexample, without limitation, in some embodiments the inner surface maybe shaped in a male or female fashion or may be shaped to accommodatedifferent of foot conditions such as, but not limited to, flat feet,high arches, bunions, and hammertoes. In the present embodiment, outsole100 may be made of a multiplicity of suitable materials including, butnot limited to, rubber, various plastics, foam, and wood.

FIGS. 2A and 2B illustrate an exemplary system for absorbing impactenergy and stabilizing joint biomechanics in footwear, in accordancewith an embodiment of the present invention. FIG. 2A is a crosssectional side view of the stabilizing system, and FIG. 2B is a crosssectional side view of the stabilizing system in use. In the presentembodiment, the system comprises an outsole 205 and an insert 210. Theinner side of outsole 205 may be formed into a biomechanically correctshape to match the common curvature of the heel and arch of a foot 215,similarly to the outsole 100 illustrated by way of example in theforegoing. The hollowed out area of outsole 205 may be filled withinsert 210 made of a non-Newtonian liquid or material such as, but notlimited to rate sensitive, viscoelastic or dilatant foams with shearthickening properties formulated into polymers, silicones or any othersuitable state some bearing commercial names such as D30, Poron XRD,Artilage, or numerous other liquids with said properties used in variousother industrial applications. Referring to FIG. 2A, a thin insole 220is depicted atop of insert 210. The insole 220 may provide cushioning asused in many type of footwear. The insole 220 may be optional and notincluded in some embodiments. The non-Newtonian components may provideadequate cushioning. In the present embodiment, various different typesof footwear uppers may be constructed around outsole 205 and insert 210including, without limitation, athletic shoes, work shoes, boots, andsandals. While not depicted in FIG. 1A, 1B, 1C, 2A, or 2B, footwear andtheir components depicted in these figures is assumed to include uppersand components parts of uppers.

The non-Newtonian, rate sensitive fluid or material that may be used forinsert 210 is typically fluid and dynamic in its resting or slow movingstate. When impacted, the fluid or material momentarily becomes firm,taking on the unique shape of foot 215 and further providing firm,stabilizing support. Such support may enable correct biomechanicalfunction and may absorb shock energy. This embodiment involvingnon-Newtonian, rate sensitive fluid or material may provide an optimalmaterial because in liquid, foam or silicone formulations the fluid ormaterial is fluid/deformable in resting state which may allow the fluidor material to take the shape of any foot. The non-Newtonian, ratesensitive fluid or material may be engineered to specific densities orhardness which optimizes bearing of the body's weight without fullyflattening. As the shock energy and movement from the foot impact thematerial, the material forms into the shape of the foot but alsotightens up creating a momentary custom orthotic property firm enough toprevent the collapse of the arch or heel. At about the same time, theshock energy is converted into heat instead of transferring through tothe body in the manner of some other materials. This structureeliminates most shock energy while providing constant customizingsupport. If a non-Newtonian liquid is used for insert 210, suchnon-Newtonian liquid may be encased in a pliable bladder. If anon-Newtonian foam is used, insert 210 may be implemented as a molded orotherwise formed piece.

In some alternate embodiments a combination of materials may be used toform the insert 210 or multiple inserts 210 may be used to providedifferent types of support in different areas of the foot. For example,in some embodiments a non-Newtonian material may be used for the portionof the insert 210 located in the heel cup of the outsole 205 to absorbthe shock of the heel strike while normal foam may be used for the restof the insert 210 to provide support throughout the rest of the stride.

In typical use of the present embodiment, as foot 215 comes down from astep or jump and impacts a surface, the non-Newtonian material in insert210 may react and become firm to act as a buffer to typically reduce thestress and shock of the impact. Additionally, insert 210 may custom forminto the shape of foot 215 upon each unique foot impact. At the time ofimpact outsole 205, with its heel cup and arch support, may guide insert210 to create a stabilization effect for the heel and arch of foot 215to guide foot 215 into a proper stride. This system may be costeffective since using the outsole 205 as the stabilization structure mayadd little to no cost in manufacturing. Furthermore, this system mayhelp prevent over pronation and may help alleviate many other types offoot problems and injuries such as, but not limited to, plantarfasciitis, shin splints, joint pain, and soft tissue damage.

Those skilled in the art will readily recognize, in light of and inaccordance with the teachings of the present invention, that someembodiments may comprise various different configurations. For example,without limitation, one embodiment may comprise an additional piece ontop of the outsole 205 to act as the stabilization unit instead ofbuilding the stabilization means into the outsole 205. This embodimentcould possibly be made in a single dual material injection moldingprocess. Another embodiment may be implemented in the form of a highheel shoe or other item of footwear. In this embodiment the outsole 205may be configured in an angled shape to create height and may have aheel attached to the rear outer surface. Yet another alternateembodiment may comprise an insert that is only located under a portionof the foot rather than under the entire foot, for example, withoutlimitation, only under the heel. In such an embodiment the outsole 205may be formed with a recessed portion into which the insert 210 may beplaced to provide a smooth surface on which the foot may rest. Yet otherembodiments may comprise a multiplicity of suitable additional oralternate features such as, but not limited to, a texture on the surfacethat contacts the foot to create a massaging effect, odor and bacteriareducing properties, and ventilation means.

Using a very high energy returning material in the outsole 210 asprovided herein which may enable a person wearing the footwearcontaining the components provided herein to potentially run faster orjump higher such as with the Adidas™ Boost product but with the hollowedout design filled in with non-Newtonian fluid as provided herein mayprovide some benefits of the Adidas™ Boost while reducing or eliminatingthe extra damaging shock energy the material returns from entering thebody.

It is of note that polyurethane materials are temperature-sensitive andalthough may present formulations exist which do not change must inusual temperatures, others such as silicone based are not effected bytemperature. use of any type of non-Newtonian material optimized or notshould apply to the invention

Placing a flat or curved non-Newtonian material in the midsole andputting any type of molded or non-molded, non-Newtonian or normal archinsert under the material will allow the material to guide and customform arch support.

All the features disclosed in this specification, including anyaccompanying abstract and drawings, may be replaced by alternativefeatures serving the same, equivalent or similar purpose, unlessexpressly stated otherwise. Thus, unless expressly stated otherwise,each feature disclosed is one example only of a generic series ofequivalent or similar features.

It is noted that according to USA law 35 USC § 112 (1), all claims mustbe supported by sufficient disclosure in the present patentspecification, and any material known to those skilled in the art neednot be explicitly disclosed. However, 35 USC § 112 (6) requires thatstructures corresponding to functional limitations interpreted under 35USC § 112 (6) must be explicitly disclosed in the patent specification.Moreover, the USPTO's Examination policy of initially treating andsearching prior art under the broadest interpretation of a “mean for”claim limitation implies that the broadest initial search on 112(6)functional limitation would have to be conducted to support a legallyvalid Examination on that USPTO policy for broadest interpretation of“mean for” claims. Accordingly, the USPTO will have discovered amultiplicity of prior art documents including disclosure of specificstructures and elements which are suitable to act as correspondingstructures to satisfy all functional limitations in the below claimsthat are interpreted under 35 USC § 112 (6) when such correspondingstructures are not explicitly disclosed in the foregoing patentspecification. Therefore, for any invention element(s)/structure(s)corresponding to functional claim limitation(s), in the below claimsinterpreted under 35 USC § 112 (6), which is/are not explicitlydisclosed in the foregoing patent specification, yet do exist in thepatent and/or non-patent documents found during the course of USPTOsearching, Applicant(s) incorporate all such functionally correspondingstructures and related enabling material herein by reference for thepurpose of providing explicit structures that implement the functionalmeans claimed. Applicant(s) request(s) that fact finders during anyclaims construction proceedings and/or examination of patentallowability properly identify and incorporate only the portions of eachof these documents discovered during the broadest interpretation searchof 35 USC § 112 (6) limitation, which exist in at least one of thepatent and/or non-patent documents found during the course of normalUSPTO searching and or supplied to the USPTO during prosecution.Applicant(s) also incorporate by reference the bibliographic citationinformation to identify all such documents comprising functionallycorresponding structures and related enabling material as listed in anyPTO Form-892 or likewise any information disclosure statements (IDS)entered into the present patent application by the USPTO or Applicant(s)or any 3rd parties. Applicant(s) also reserve its right to later amendthe present application to explicitly include citations to suchdocuments and/or explicitly include the functionally correspondingstructures which were incorporate by reference above.

Thus, for any invention element(s)/structure(s) corresponding tofunctional claim limitation(s), in the below claims, that areinterpreted under 35 USC § 112 (6), which is/are not explicitlydisclosed in the foregoing patent specification, Applicant(s) haveexplicitly prescribed which documents and material to include theotherwise missing disclosure, and have prescribed exactly which portionsof such patent and/or non-patent documents should be incorporated bysuch reference for the purpose of satisfying the disclosure requirementsof 35 USC § 112 (6). Applicant(s) note that all the identified documentsabove which are incorporated by reference to satisfy 35 USC § 112 (6)necessarily have a filing and/or publication date prior to that of theinstant application, and thus are valid prior documents to incorporatedby reference in the instant application.

Having fully described at least one embodiment of the present invention,other equivalent or alternative methods of implementing a system forabsorbing impact energy and stabilizing joint biomechanics according tothe present invention will be apparent to those skilled in the art.Various aspects of the invention have been described above by way ofillustration, and the specific embodiments disclosed are not intended tolimit the invention to the particular forms disclosed. The particularimplementation of the stabilizing system may vary depending upon theparticular context or application. By way of example, and notlimitation, the stabilizing systems described in the foregoing wereprincipally directed to footwear implementations; however, similartechniques may instead be applied to other types of impact absorbing andstabilizing devices such as, but not limited to, gloves, elbow pads andknee pads, knee braces, or head and neck restraints, whichimplementations of the present invention are contemplated as within thescope of the present invention. The invention is thus to cover allmodifications, equivalents, and alternatives falling within the spiritand scope of the following claims. It is to be further understood thatnot all of the disclosed embodiments in the foregoing specification willnecessarily satisfy or achieve each of the objects, advantages, orimprovements described in the foregoing specification.

Claim elements and steps herein may have been numbered and/or letteredsolely as an aid in readability and understanding. Any such numberingand lettering in itself is not intended to and should not be taken toindicate the ordering of elements and/or steps in the claims.

The corresponding structures, materials, acts, and equivalents of allmeans or step plus function elements in the claims below are intended toinclude any structure, material, or act for performing the function incombination with other claimed elements as specifically claimed.

The corresponding structures, materials, acts, and equivalents of allmeans or step plus function elements in the claims below are intended toinclude any structure, material, or act for performing the function incombination with other claimed elements as specifically claimed. Thedescription of the present invention has been presented for purposes ofillustration and description, but is not intended to be exhaustive orlimited to the invention in the form disclosed. Many modifications andvariations will be apparent to those of ordinary skill in the artwithout departing from the scope and spirit of the invention. Theembodiment was chosen and described in order to best explain theprinciples of the invention and the practical application, and to enableothers of ordinary skill in the art to understand the invention forvarious embodiments with various modifications as are suited to theparticular use contemplated.

The Abstract is provided to comply with 37 C.F.R. Section 1.72(b)requiring an abstract that will allow the reader to ascertain the natureand gist of the technical disclosure. That is, the Abstract is providedmerely to introduce certain concepts and not to identify any key oressential features of the claimed subject matter. It is submitted withthe understanding that it will not be used to limit or interpret thescope or meaning of the claims.

The following claims are hereby incorporated into the detaileddescription, with each claim standing on its own as a separateembodiment.

What is claimed is:
 1. A footwear stabilizing system, comprising: anupper; a sole attached to the upper, the sole comprising: an outsolecomprising an inner surface formed in a biomechanically correct shape,and an insert attached to the outsole, the insert comprising at leastone of single piece of material and a fluid-filled bag, wherein theinsert is configured to conform to and stabilize a human foot uponimpact.
 2. The system of claim 1, wherein the outsole is configured tomatch a common curvature of a heel and arch of the foot.
 3. The systemof claim 1, wherein the insert is configured to be at least one ofconstructed of and contain non-Newtonian material.
 4. The system ofclaim 1, wherein the outsole is configured with a shaped heel cup. 5.The system of claim 4, wherein the heel cup is configured to absorbimpact across entire heel.
 6. The system of claim 1, wherein the outsoleis configured to work in conjunction with the insert to provide footstabilization and arch support.
 7. The system of claim 1, wherein theinsert is configured to react at each step to shape of foot and providesupport at time of impact.
 8. The system of claim 7, wherein the shapeof insert formed at time of impact provides arch support lower thantypical arch pronation.
 9. The system of claim 1, wherein the outsolehas an outer surface that is at least one of flat, contoured, andlugged.
 10. The system of claim 3, wherein the non-Newtonian materialcomprises at least one of rate sensitive and viscoelastic or dilatantfoams with shear thickening properties formulated into polymers orsilicones.
 11. A method of providing stabilizing footwear, comprising:an insert attached to an inner surface of an outsole of an item offootwear detecting an impact, the impact associated with a downwardstepping action of a wearer of the item; the insert, based on detectingthe impact, becoming firm; the insert changing to a shape of a footcausing the impact; the insert tightening to create a temporary orthoticproperty; and the insert, based on detecting reduction of the impact,returning to a previous non-firm state.
 12. The method of claim 11,wherein the outsole is configured to match a common curvature of a heeland arch of the foot.
 13. The method of claim 11, wherein the insert isconfigured to be at least one of constructed of and containnon-Newtonian material.
 14. The method of claim 11, wherein the outsoleis configured with a shaped heel cup configured to absorb impact acrossentire heel.
 15. The method of claim 11, wherein the insert changing tothe shape of the foot comprises providing arch support lower thantypical arch pronation.
 16. A footwear stabilizing system, comprising: afootwear outsole biomechanically shaped to match common curvature ofheel and arch of foot; a heel cup incorporated into the outsole; and aninsert comprising one of a single piece of sheer thickening material anda fluid-filled bag built into the outsole that, upon detection ofdownward pressure by the foot, becomes firm in the shape of the foot.17. The system of claim 16, wherein the heel cup is configured to absorbimpact across entire heel.
 18. The system of claim 16, wherein theinsert is configured to be at least one of constructed of and containnon-Newtonian material.
 19. The system of claim 16, wherein the insertchanging to the shape of the foot comprises providing arch support lowerthan typical arch pronation.
 20. The system of claim 16, wherein theinsert returns to a previous non-firm state based on detecting reductionof the impact.